K.T.Abdul Latheef vs Feroke Municipality Feroke

P.V.Kunhikrishnan, J

This writ petition is filed with following prayers:

i. To call for the records leading to Exhibits P1 to P9 and direct the first respondent Municipality to take immediate and positive steps to remove the filth and waste from Marakkayil thodu connected to Chaliyar river, Karuvanthuruthy and burry the same and to continue to remove the same every week by issuing a writ of mandamus or any other appropriate writ direction or order.

ii. Alternatively to direct the first respondent Municipality to consider Exhibit P7 complaint submitted by the Petitioner and to take immediate steps to remove the filth and waste from Marakkayil thodu within a time limit that may be prescribed by this honourable court by issuing a writ of mandamus or any other appropriate writ direction or order.

iii. Alternatively to direct the second respondent Ombudsman to consider Exhibit P8 as expeditiously as possible within a time limit that may be prescribed by this honourable court and to take immediate steps to remove the filth and waste from Marakkayil thodu by issuing a writ of mandamus or any other appropriate writ direction or order.

iv. To grant such other reliefs in favour for the petitioner as this Hon'ble Court may deem fit to grant on the facts and circumstances of the case.

(SIC)

Petitioner filed this writ petition aggrieved by the inaction on the part of the 1st respondent in taking prompt and adequate action in the grievances raised by the petitioner in relation to the removal of filth and waste from Marakkayil thodu connected to Chaliyar river, Karuvanthuruthy and burry the same and continue to remove the same every week. It is the case of the petitioner that the Municipality is not taking any action in the matter. According to the petitioner, he and the nearby inhabitants are facing difficulties for the last several years. No steps are taken by the 1st respondent to remove the filth and waste. Preventive measures are also not taken is the case of the petitioner. If the situation continues even for a moment, according to the petitioner, it may lead to disastrous and uncontrollable consequences. Therefore this writ petition is filed for a speedy remedy.

Heard the learned counsel for the petitioner and the learned Standing Counsel for the 1st respondent Municipality.

The counsel for the petitioner reiterated his contentions and narrated the present situation in this area. The Standing Counsel for the Municipality submitted that appropriate steps will be taken in accordance to law.

In the light of the above submission, I think the petitioner can be directed to submit a representation narrating his grievance before the 1st respondent Municipality. The 1st respondent Municipality will consider the same and will take every steps to see that the nuisance is removed and other grievance raised by petitioner is redressed forthwith. Therefore, this writ petition is disposed of in the following manner:

The petitioner is free to file a fresh representation narrating his grievance raised in the writ petition before the 1st respondent Municipality within two weeks from the date of receipt of a copy of this judgment.

Once such a representation is received, the 1st respondent Municipality will consider the same and take appropriate steps in accordance to law, as expeditiously as possible, at any rate, within one month from the date of receipt of the representation.

Before passing final orders, an opportunity of hearing will be given to the petitioner.